Page 76 - RBK&C Attachments 28-5-16 (77pp)

We would also, in the light of recent correspondence between your most recent Solicitor, PFC Begg, and Paul Brown-Constable, Director, Mitre House Management Limited, advise you that we have reminded our client that they are under no obligation to produce the documents you are requesting from our client’s year ended 2014 Service Charge accounts’ summary dated 30th May 2015, as the request made by you in an email dated 17th December 2015 to Mr. Brown-Consta- ble was outside of the statutory six month period as stated in your lease dated 9th May 2013, Schedule 8: Clause 5; the clause which is also indicated on the reverse of all our client’s Quar- terly Demands and as defined in the Landlord & Tenant Act 1985 Section 22.
Our client has advised us that statements made by you and further communicated to Mr. Brown- Constable in lengthy correspondence from your solicitor, Mr. Begg, are baseless, spurious and ill informed and all have been both denied and fully evidenced as such by Mr. Brown-Constable in his lengthy and comprehensive replies to Mr. Begg.
It would also appear that these same baseless, spurious and ill-informed statements have been communicated by Mr. Begg to officers of the Royal Borough of Kensington & Chelsea for their considerations including references to issued Section 20 Notices being in dispute, despite Mr. Brown-Constable having disproven all accusations, including references to s.20 Notices, well prior to the application to RBK&C, including irrefutable proof and confirmation that no request was ever made to Mitre House Management Limited during their five years of managing Mitre House to date for any documents relating to any Service Charge accounts’ summaries published to date, 2012-2015, until your request dated 17th December 2015 to view invoices from the year ended 2014 Service Charge accounts’ summary dated 30th May 2015, relevant to the 22nd June 2014 s.20 Notice's approved budget of £105,019 to include VAT and Fees. As you are aware, the final expenditure was stated in the year ended 2014 accounts as £105,877 and fully complied with all previous correspondence with lessees including yourself, by all accounts, on numerous occasions.
Mr. Brown-Constable’s prompt reply to your 17th December 2015 request, by return, stated quite clearly that your request was made outside of the statutory six month period.
No further request was made until your solicitors' letter of 23rd March 2016 when it was again made clear that the request was made some 17 days outside of the statutory six month limit but an offer was still made by Mr. Brown-Constable to comply and courier over the requested documents.
This offer to comply was totally ignored and remained totally unacknowledged, due allegedly, we are advised, to your solicitor being incapacitated with pneumonia and yourself attending the 31st Marathon Des Sables in Southern Morocco, The Sahara.
Also unacknowledged to date are the requested confirmations that your various baseless, spurious and ill-informed accusations were adequately and comprehensively disproved in correspondence from Mr. Brown-Constable and requests, including in our two letters to you to date, that you will now fully comply with your lease covenants without the need for proceed- ings to commence in the absence of your voluntary agreement.
As your solicitor has been advised by Mr. Brown-Constable, there would appear to be some convenience with the actual dates of both your solicitor’s incapacity and your absence from the